Lecture 3.8 - Important Principles

Where does all state power in Germany come from?

From the people (Art. 20 GG). Citizens exercise power through elections, votes, and state organs, forming a “chain of legitimacy.”

Separation of Powers

Divides state authority into three branches to prevent concentration of power:

• Legislative: Bundestag & Bundesrat - makes laws

• Executive: Federal Government - implements laws

• Judiciary: Courts - interpret laws, ensure justice

What is the main purpose of separation of powers?

To prevent concentration of power and ensure each branch can check the others, keeping the government accountable.

How do checks and balances work in Germany?

• Bundestag - Holds Chancellor accountable via votes of confidence

• Federal Constitutional Court - Can strike down unconstitutional laws

• Federal President - Can refuse to sign laws violating the Constitution

What is Germany’s federal system?

Power is shared between the federal government (Bund) and 16 states (Länder). States have authority over regional matters, while the federal government handles national issues.

What is the role of the Bundesrat?

Represents the states’ interests at the federal level, participates in law-making, and must approve consent laws that affect states directly.

What are “Consent laws”

Laws that cannot pass without Bundesrat approval, usually affecting state powers like education, policing, or finances.

Why were these principles (separation of powers, federalism, checks and balances) included in the Basic Law?

To prevent tyranny, protect democracy and individual rights, and avoid the failures of the Weimar Republic.